A growing trend on college campuses where students are utilizing formal "no-contact orders" (NCOs) as a means to avoid interaction with peers, often beyond the scope of their original intent.
Original Purpose vs. Current Use: No-contact orders were primarily designed to protect individuals from harassment, stalking, or potential violence, often in the context of Title IX cases related to sexual misconduct. However, the article suggests they are increasingly being used for less severe interpersonal conflicts, such as disagreements, social disputes, or simply a desire to avoid someone.
Ease of Obtaining NCOs: Some universities have policies that make it relatively easy for students to obtain NCOs, sometimes without a high threshold of proof of harm or a prior attempt at informal resolution. This ease can contribute to their overuse.
Impact on Free Expression and Due Process: Critics, including organizations like the Foundation for Individual Rights and Expression (FIRE), argue that the broad application of NCOs can stifle free speech and academic debate, especially when used against student journalists or for ideological disagreements. There are concerns about due process, as NCOs can be issued without a formal hearing or clear evidence of a threat.
"Weaponization" of NCOs: The article details instances where students "weaponize" NCOs to silence or control others, effectively using them as a tool to avoid uncomfortable conversations or to punish perceived slights, rather than as a legitimate safety measure.
Chilling Effect: The widespread use of NCOs can create a chilling effect on campus, making students hesitant to engage in certain discussions or interactions for fear of having an NCO issued against them.
University Response: Some universities have started to re-evaluate their NCO policies in response to these concerns, seeking to clarify the criteria for issuing them and ensuring they are used appropriately.
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